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1 LWNJ  Thu, Jun 13, 2013 3:18:11pm

The stupid, it burns.

2 Political Atheist  Thu, Jun 13, 2013 4:07:16pm

I don’t think he meant this the way you think.

I get his critics but some are just too quick to make the worst of his words. When he was interviewed about the 2nd A. he was asked about kinds of weapons. He talked about “bearable” as meaning no aircraft, no tanks, no artillery etc. So the next question was shoulder fired missiles. (Silly I know) He pointed out that as “bearable” the legislature would have to address it. Since he had already acknowledged to constitutionality of the previous federal gun control laws from the past, he clearly endorsed the governments right to regulate what kinds of guns could be bought.

The critics wasted no time saying Scalia said shoulder fired missiles should/would be legal. Not so.

3 LWNJ  Thu, Jun 13, 2013 6:57:39pm

re: #2 Political Atheist

Maybe, but he can’t “affirm those details on … even [his] own belief” seems pretty unambiguous to me.

4 Heywood Jabloeme  Thu, Jun 13, 2013 9:41:58pm
I don’t think he meant this the way you think.

So here is a quote from the article of his concurrence.

“I join the judgment of the Court, and all of its opinion except Part I-A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.”

So, if we accept the fact that Scalia is a very precise scholar and that he tried to say what he means then, upon reading this paragraph above I can find no other rational alternative but to conclude that he “doesn’t believe in Molecular Biology” as described in part 1-A in the decision. He says that he doesn’t then fails to provide his own description of Molecular Biology that he does believe in.

It looks like he is very clear, he rejects, or at least, fails to recognize, the description of Molecular Biology as agreed to by the other 8 Justices, fails to supply one of his own, then goes on to “affirm” just enough of the science provided in the decision needed to concur with the overal finding.

Very clear and preise or ambiguous and sloppy.

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